A foreign national who is subjected to domestic violence in Türkiye cannot be excluded from protective measures because of nationality. However, protection under Law No. 6284, a change from a spouse-based family residence permit to another permit, and a safeguard against deportation are different legal procedures. Approval of one does not mean that the others follow automatically. Once safety is secured, the existing residence record, court decisions and any deportation notice, if there is one, must be assessed separately.[1, 2, 3]
This article explains the legal options of people who believe they cannot leave a violent environment because of residence tied to their spouse. Divorce from a Turkish citizen spouse, divorce from a foreign spouse, ongoing treatment and the risk of being sent back should not be reduced to a single rule. The phrase “independent residence” is used here to describe a suitable type of permit that does not depend on the spouse’s sponsorship; there is no separate residence card under this name that is granted to everyone under the legislation.
Does being a foreign national or having a residence problem prevent a request for protection?
Law No. 6284 covers women, children and family members who are subjected to violence or are at risk of it, as well as victims of persistent unilateral stalking. Violence is not only physical assault. Threats, sexual coercion, psychological pressure and economic control may also be assessed within this framework, depending on the circumstances of the incident. Facts such as a spouse confiscating a passport, preventing access to income or threatening to have the person deported should be described concretely in the application.[1]
According to a statement of the Ministry of Family and Social Services, foreign women may use women’s shelter services, without distinction of status or nationality, if they are victims of domestic violence or violence against women. This statement concerns access to shelter and protection; it is not a general provision that erases a residence violation. The need for protection and the legal position under migration procedures are addressed together.[3]
In an emergency, help can be sought from the law enforcement authorities or through the 112 Emergency Call Center. The violence prevention and monitoring centers (ŞÖNİM), the provincial directorate of family and social services, the public prosecutor’s office and the family court are the competent authorities for applications, depending on the nature of the incident. It is important for a person with insufficient Turkish to state the need for an interpreter, a safe contact number and the address details that the perpetrator must not be able to access. It is not necessary to return to a dangerous environment merely to collect documents.[1, 4]
What can protective and preventive measures provide?
The content of a measure is determined by the concrete danger. Decisions such as suitable shelter, temporary protection, counseling, removal from the shared residence, not approaching the victim or the children, and not disturbing them through means of communication may come into question. If needed, the identity, address and other information of the person and family members may also be requested to be kept confidential. Not every measure is ordered by the same authority; the law sets out separate powers for the civil administrator, the judge and, in cases where delay would be harmful, the law enforcement authorities.[1]
Is a final criminal conviction required for protection?
No. Article 8 of the Law provides that no evidence or document showing that violence was committed is required for a protective measure order. A preventive measure order must also be issued without delay. This does not mean that all allegations are conclusively proven in every dispute. The assessment in emergency protection, the proof of an offense in criminal proceedings, and the court decision required in a residence application are distinct from one another.[1]
How long does a measure last, and how is the decision challenged?
An initial measure order may be issued for up to six months. If the violence or danger continues, extension, modification or lifting of the measure may be considered. Decisions may be objected to before the family court within two weeks of pronouncement or notification. This two-week period is not the time limit for an action against a residence refusal or the seven-day time limit for an action against a deportation decision. Non-enforcement or breach of the decision should also be reported separately to the relevant authorities.[1]
How does the three-year requirement apply on divorce from a Turkish citizen spouse?
Article 34/6 of the Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu, “YUKK”) provides that a foreign national married to a Turkish citizen may be granted a short-term residence permit in the event of divorce, provided that the person has stayed on a family residence permit for at least three years. The criterion here is not merely that the marriage lasted three years; the period spent on a family residence permit is examined. The provision also expressly refers to marriage to a Turkish citizen spouse.[2]
Where it is established by a relevant court decision that the foreign spouse was a victim of domestic violence, the three-year requirement is not applied. Accordingly, it would not be correct for a person who has held a family residence permit for two years not to consider this option at all merely because of the shortfall in time. On the other hand, a complaint petition cannot be treated as equivalent to the court decision required by the law without examining the nature of the incident.[2, 5]
The contribution of a decision issued under Law No. 6284 to a residence application must be explained in light of the reasoning of the decision, its findings, its duration and the other court decisions in the file. An automatic permit outcome cannot be inferred from every removal order. The divorce decision, the court decision containing a finding of violence and the family residence history should be submitted together; if anything is missing or unclear, the reasons should be stated.
Not applying the three-year requirement does not mean that all the other conditions of the short-term permit fall away. The type of application, identity, address, health insurance and the other documents required for the relevant permit are examined separately. Granting a permit requires an administrative assessment and decision. For the general framework, the firm’s guide to the family residence permit may also be consulted; this article is based on the special conditions of the violence exception.
What options exist while divorce is pending or when the spouse is also a foreign national?
It is not necessary to wait for the divorce to conclude in order to request protection from violence. On the other hand, the post-divorce transition route in YUKK Article 34/6 cannot be applied unconditionally at every stage of a continuing marriage. The status of the existing family permit, the new purpose of stay and the application documents must be determined separately. Another ground for a short-term permit, a student permit or, under suitable conditions, a work permit may come into question. Each is subject to its own conditions.[2, 5]
Where the spouse is also a foreign national, the provision on a Turkish citizen spouse in Article 34/6 should not be generalized directly. The person’s need for safety may still be assessed under Law No. 6284, but other legal grounds for residence are explored. For example, if one of the situations listed in YUKK Article 46 exists, a humanitarian residence permit may be examined. A statement that “I experienced violence” does not on its own produce an automatic humanitarian residence outcome for all foreign nationals.
The residence of children is also not a simple attachment to the application of the mother or father. The child’s nationality, custody situation, current permit type and best interests are assessed. A measure covering the child is different from a residence decision being issued in the child’s name. Needs such as safe placement and continued schooling must be explained separately to the relevant authorities.
Can a deportation decision be issued against a victim of violence?
YUKK Article 55/1-d provides that no deportation decision is to be taken against victims of psychological, physical or sexual violence until their treatment is completed. The rule does not grant indefinite stay or citizenship to all victims of violence. Victimization, the need for treatment and the continuation of treatment must be shown in the concrete file; the assessment is made on an individual basis.[2]
Instead of containing only the name of a diagnosis, a health report should be able to explain the treatment plan, the check-ups, the consequences of discontinuing treatment and the necessary follow-up. The person preparing the legal application does not produce the medical assessment themselves; they link the health professional’s records to the relevant legal request. The fact that psychological violence leaves no visible injury does not mean there is no need for treatment.
In addition, if there are serious dangers such as the risk of torture or inhuman treatment in the country of return, the other provisions of YUKK Articles 4 and 55 are also examined. Having experienced violence in Türkiye and the risk in the country of return are not the same fact; the grounds for each are shown separately. If a deportation decision already exists, the time limit for filing an action must not be allowed to lapse by relying on a protective measure alone.[2]
How are application routes and time limits distinguished?
| Procedure | Route of application | Time limit and effect |
|---|---|---|
| Measure order under Law No. 6284 | Objection before the family court | Two weeks from pronouncement or notification; not to be confused with the time limit for an action concerning a migration procedure. |
| Refusal or cancellation of residence | Annulment action before the competent administrative court | Unless a special provision applies, generally 60 days from written notification; the action does not automatically suspend execution. |
| Deportation decision | Application to the administrative court | Seven days from notification; the application is also notified to the authority that issued the decision. |
| Administrative detention | Application to the criminal judgeship of peace | A review of liberty separate from the deportation action; the application alone does not end the detention. |
The enforcement of a deportation procedure is assessed together with the time limit for filing an action and the procedural safeguards in YUKK Article 53; the exception relating to the foreign national’s consent must not be overlooked. In a residence action, if a stay of execution is sought, the conditions of Article 27 of the Administrative Procedure Act (İYUK) — manifest unlawfulness and damage that is difficult or impossible to remedy — must be substantiated. A protection application or giving information to the authority does not automatically suspend all time limits for filing an action.[2, 6]
What documents and explanations should the file contain?
The list of documents is arranged according to the type of application. A request for emergency protection should not be made conditional on completing all records. At later stages, the following groups of documents are important:
- Passport or current identity document; previous and current residence records; start and end dates of the family permit.
- Marriage, divorce and custody documents; relevant court decisions; notification documents and whether the decision has become final.
- Current health records, treatment and check-up plan; messages obtained safely, incident reports and witness information.
- Separate copies of the decisions concerning residence, restriction, deportation or detention procedures; application and notification records for each procedure.
- The need for an interpreter, a safe communication channel, a request for address confidentiality and an explanation that access to documents has been obstructed.
For example, if a person who has held a family residence permit based on marriage to a Turkish citizen spouse for eighteen months and whose divorce has concluded has been found by a court to be a victim of violence, the exception to the three-year requirement is examined. If the same person’s treatment is continuing, the basis for non-deportation is explained separately. The presence of these two legal grounds together is significant; however, one does not show that the other decision has been taken. The example is hypothetical and does not contain any guarantee of outcome.
Before the measure expires, it is necessary to report any continuing risk, to follow the result of the permit application and to check that the administrative record is updated after the court decision. When a procedure is annulled, it must be monitored that the decision reaches the administration and is given effect; merely obtaining a copy of the court decision does not complete all stages of the process.
Conclusion
For a foreign victim of violence, access to safety, the possibility of staying independently of the spouse and a safeguard against deportation are different routes that complement one another. In the three-year family residence exception, the court decision and the Turkish citizen spouse requirement are decisive; for the safeguard against removal, ongoing treatment is decisive. The file should be prepared according to these distinctions without delaying the person’s safety, and the time limit for applying against each decision should be protected separately.
Related articles: Foreign Victims of Human Trafficking; Unaccompanied Foreign Children; Routes of Application Against Refusal of a Residence Permit and Subsequent Migration Procedures; How a Turkish Citizen Spouse and Child Affect a Deportation Decision; Non-Deportation on Grounds of Health and Pregnancy; Notification and the Seven-Day Time Limit in a Deportation Decision.
Frequently Asked Questions
If I have no residence permit, can I be protected against violence?
Yes. A request for protection is not a general privilege dependent on citizenship or regular residence status. The Ministry states that foreign women may use shelter services without distinction of status or nationality. However, protection does not automatically resolve an existing residence problem.[3]
Does a removal order automatically provide a residence permit?
No. A measure order is aimed at ensuring safety. The type of residence and its conditions are assessed separately. The content of the decision relating to victimization by violence can be examined in the file with respect to the three-year exception.
Is the three-year period the duration of the marriage?
What matters under YUKK Article 34/6 is having stayed on a family residence permit for at least three years. The length of the marriage and the residence history are not treated as the same thing. Where domestic violence victimization has been established by a court, this time requirement is not applied.[2]
If my spouse is a foreign national, does the same divorce exception apply?
The special provision in the Law concerns a foreign national married to a Turkish citizen. A person whose spouse is a foreign national retains the right to protection; another suitable basis for residence is examined separately.
Can I request protection before the divorce is finished?
Yes. The protective and preventive measures under Law No. 6284 do not depend on the completion of the divorce. Continuing or changing the status of stay, however, requires a separate procedure.
What is the non-deportation rule if treatment is continuing?
YUKK Article 55/1-d provides that no deportation decision is to be taken against victims of psychological, physical or sexual violence until their treatment is completed. The current status of treatment should be documented; any existing decision and notification should be addressed separately.[2]
Does a protection application suspend the time limit for the deportation action?
It cannot be assumed that it suspends it automatically. The special seven-day time limit for applying against a deportation decision must be monitored separately. The measure, residence and deportation files do not substitute for one another.
What should I do if my spouse will not give me my passport?
This situation should be explained in the safety and legal application; copies of existing documents and the obstruction of access should be placed on record. It is not necessary to enter into dangerous contact in order to obtain the document. The renewal of the identity and travel document is planned separately, also taking the person’s protection status into account.
Sources
- Law No. 6284 (Ailenin Korunması ve Kadına Karşı Şiddetin Önlenmesine Dair Kanun) — official legislation link, in particular Articles 1–5, 8–9, 13 and 20. Direct PDF access is limited; the provisions used were checked against the Ministry FAQ statements. Only the relevant sections in the index of the regulation linked below could be viewed: Implementing Regulation of Law No. 6284.
- Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu), consolidated version, in particular Articles 4, 25, 29, 31–36, 46, 53, 55 and 57.
- Ministry of Family and Social Services (Aile ve Sosyal Hizmetler Bakanlığı), General Directorate on the Status of Women (Kadının Statüsü Genel Müdürlüğü), FAQ, on access of foreign women to shelter services.
- Ministry of Family and Social Services, When Subjected to Violence (Şiddete Maruz Kalındığında), authorities for application and measures.
- Presidency of Migration Management (Göç İdaresi), Types of Residence Permits (İkamet İzni Çeşitleri), transition from a family permit to a short-term permit; Implementing Regulation of YUKK, Articles 26 and 30.
- Law No. 2577 on Administrative Procedure (İdari Yargılama Usulü Kanunu) — official text, Articles 7, 11, 27, 28 and 32. Date of research: 14 October 2026.